EC Must Listen
(Source: The Indian Express, Editorial Page)
Also Read: The Indian Express Editorial Analysis: 11 July 2025
Also Read: The Hindu Editorial Analysis: 11 July 2025
| Topic: GS2 – International Relations, GS3 – Indian Economy (External Sector) |
| Context |
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Background of the Controversy
The Supreme Court of India, while not staying the SIR process, observed that the list of documents required for voter verification was incomplete and unclear. It suggested that documents such as Aadhaar, PAN card, and ration card should be accepted to avoid unnecessary disenfranchisement.
The issue arises from the ECI’s attempt to verify citizenship through documentary proof—despite no constitutional or legal provision mandating this during voter registration under Article 326.
Key Issues with the ECI’s Approach
1. Legality and Overreach in Citizenship Verification
The ECI is not constitutionally empowered to conduct a citizenship test. By asking for documents unrelated to voter eligibility and lacking legal basis, the ECI has overstepped its mandate. This raises questions on federal governance and checks on constitutional bodies.
2. Unjustified Segregation of Voter Data
The practice of segregating voters into pre-2003 and post-2003 categories lacks legislative sanction and creates discrimination based on arbitrary timelines. It disproportionately affects citizens without birth certificates or formal records, often the poor and marginalized.
3. Duplicated Deletions and Procedural Chaos
Many voters, whose names were previously verified and included in rolls, are now being asked to submit documents again. In some cases, names have been deleted without notice or inquiry. This undermines public confidence in the electoral process.
Democratic and Legal Implications
1. Erosion of Electoral Rights
The absence of clear legal guidelines can result in arbitrary disenfranchisement. The right to vote, a cornerstone of democracy under Article 326, is compromised when procedural opacity prevails.
2. Violation of Supreme Court Judgments
The current process goes against rulings such as the Shreya Singhal judgment, which stressed the need for proportionality and clarity in state actions affecting fundamental rights.
3. Lack of Grievance Redressal Mechanisms
There is no uniform or transparent appeals process for citizens whose names are wrongfully excluded. In many cases, Electoral Registration Officers (EROs) operate without adequate oversight or clear instructions
Comparison of Normal Electoral Revision vs. Current SIR in Bihar
| Aspect | Legal Framework | Bihar SIR Practice |
|---|---|---|
| Document Requirements | No requirement for citizenship proof; voter eligibility based on age & residence | Demands Aadhaar, PAN, and other ID without legal mandate |
| Role of Electoral Officers | EROs are to verify identity based on available documentation | EROs demand justification even for long-standing registered voters |
| Rights of Voters | Protected under Article 326 and Representation of People Act | Risk of disenfranchisement due to lack of clarity and procedural errors |
| SC’s Interpretation | Voter registration should be inclusive and guided by justice & constitutional morality | SIR process lacks transparency and may violate SC’s directive |
Conclusion
The Bihar electoral revision episode reflects deeper concerns about institutional accountability, constitutional overreach, and protection of democratic rights. The Election Commission must remember its role as a neutral constitutional body whose credibility lies in ensuring free, fair, and inclusive elections, not in erecting procedural roadblocks.
Way Forward
1. Legislative Clarification
There is an urgent need for Parliamentary intervention to clearly define the legal scope of voter identification and revision, especially concerning citizenship verification.
2. Standardized Documentation Guidelines
The ECI should publicly release uniform and lawful lists of acceptable documents, reducing the discretion of field officers and eliminating arbitrary practices.
3. Strengthen Grievance Redressal
Set up a transparent, tech-enabled redressal mechanism for wrongful exclusions, accessible even to rural or digitally illiterate voters.
4. Sensitivity Training for EROs
Election officials should be trained to understand the importance of inclusivity and minimize procedural errors that disproportionately harm vulnerable groups.
| Practice Question: (GS-3 | 15 Marks | 250 Words) “The Election Commission of India’s approach during electoral roll revision in Bihar has led to democratic and constitutional concerns.” Examine the legality, implications, and suggest reforms to make such processes more transparent and inclusive. |
